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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ1997686 (MON 0358806)
Regular
May 24, 2011

JAVIER GUTIERREZ vs. COOPER INDUSTRIES, INC., ACE AMERICAN INSURANCE COMPANY

The Appeals Board reversed the WCJ's award of 16% permanent disability for a neck injury. Dr. Brickman's report, which supported the award, was deemed unsubstantial as it relied on an incorrect medical history and erroneous legal theory regarding the cause of the applicant's sleep disturbance. The Board found that the applicant's sleep issues stemmed from a non-compensable psychological condition, not neck pain. Consequently, the Board adopted the opinion of PQME Dr. Portnoff, who concluded the applicant sustained a cervical strain with no resulting permanent disability.

Workers' Compensation Appeals BoardEAMS processing delayFindings and Awardindustrial injuryneck injuryassemblertemporary disabilitypermanent disabilityself-procured careAMA Guides
References
3
Case No. MISSING
Regular Panel Decision

Palmer v. State University of New York Upstate Medical University

The claimant, an orthopedic hand surgeon, developed cervical radiculopathy and degenerative disc disease due to the physical strain of performing hand surgery and filed for workers' compensation benefits. His claim was controverted by the State University of New York Upstate Medical University and its carrier, as well as the Research Foundation of New York and its carrier. The Workers' Compensation Board determined that the claimant was a dual employee of both the University and the Foundation and that his condition constituted a causally related occupational disease. The University and its carrier appealed this decision. The appellate court affirmed the Board's findings, concluding there was substantial evidence to support both the dual employment status and the existence of a recognizable link between the claimant's condition and the distinctive features of his occupation.

Occupational DiseaseCervical RadiculopathyDegenerative Disc DiseaseDual EmploymentWorkers' Compensation BenefitsHand Surgery StrainMedical OpinionAppellate ReviewCausationEmployer Liability
References
8
Case No. MISSING
Regular Panel Decision

Claim of Perez v. Mondial Tiles, Inc.

Claimant, a marble floor laborer, experienced dizziness and saw lights on March 5, 2007, while carrying a heavy marble floor, leading to headaches and blurry vision. He later underwent a craniotomy and shunt placement due to a blood clot. After filing for workers' compensation, a Workers’ Compensation Law Judge initially found no causal relationship between his work and injuries. However, the Workers’ Compensation Board reversed this, establishing a causal relationship. The carrier appealed this decision. The court affirmed the Board's decision, finding substantial evidence in the medical opinions of treating physicians Dr. Larry Neuman and Dr. Spencer Golden, who both linked the claimant's stroke, cervical radiculopathy, and subsequent disability to the work-related straining and heavy lifting incident.

Workers' CompensationCausal RelationshipStrokeCervical RadiculopathyHeavy LiftingDizzinessHemorrhagic StrokeCraniotomyAppellate Division
References
7
Case No. MISSING
Regular Panel Decision
Apr 15, 2003

Claim of Paradise v. Goulds Pump

In March 1993, the claimant suffered a cervical and thoracic spine strain/sprain while lifting a heavy carton at work. Although he initially recovered, he later developed recurring neck pain and numbness in his left hand. Neurosurgeon Webster Pilcher diagnosed nerve root compression at C5 and C6, attributing it to the 1993 work-related injury and recommending surgery. The employer's workers’ compensation carrier declined coverage. The Workers’ Compensation Board subsequently found a causal relationship between the injury and the claimant's current condition, authorizing the surgery. The employer and carrier appealed, contending that the Board's finding was based on speculative medical opinion. The court affirmed the Board's decision, finding that Pilcher's opinion had a rational basis and was supported by substantial evidence.

Workers' CompensationNerve Root CompressionCervical SpineThoracic SpineCausationMedical OpinionSubstantial EvidenceNeurosurgeonSpinal InjuryAppeal
References
2
Case No. ADJ7924562
Regular
Sep 19, 2014

RAUL HERNANDEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The applicant sought reconsideration of a WCJ decision that found an industrial injury to the low back but not the cervical spine or left ankle, with no permanent disability or further medical treatment. The applicant argued the QME's reports were insubstantial and that prior permanent disability was not considered. The Appeals Board granted reconsideration to amend the original award to include injury to the cervical spine, affirming the remainder of the decision. Therefore, the applicant sustained injury to his low back and cervical spine.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryLow Back InjuryCervical Spine InjuryPermanent DisabilityFurther Medical TreatmentPanel Qualified Medical EvaluatorLabor Code Section 4664(b)
References
0
Case No. MISSING
Regular Panel Decision

Claim of Pulos v. Asplundh Tree

Claimant, a tree trimmer, had an existing claim for bilateral carpal tunnel syndrome and later sought to include a cervical spine condition as an occupational disease. A workers' compensation law judge initially disallowed this amendment, but the Workers' Compensation Board reversed, finding the cervical condition was dormant and non-disabling, and that the claimant's work activities aggravated it. The employer appealed this decision. The court affirmed the Board's ruling, concluding there was substantial evidence to support the finding that the claimant's preexisting cervical condition was activated by the distinctive features of his employment.

Occupational DiseaseCervical Spine InjuryCarpal Tunnel SyndromePreexisting ConditionAggravation of InjuryWorkers' Compensation LawJudicial ReviewAppellate DecisionTree TrimmingWork Activities
References
3
Case No. ADJ1337074 (GRO 0034564) ADJ1286218 (GRO 0034565)
Regular
Jun 24, 2009

Dave Gerletti vs. SANTA MARIA AIRPORT DISTRICT, GREGORY BRAGG STOCKTON

The Workers' Compensation Appeals Board denied Dave Gerletti's petition for reconsideration of an award for a cumulative trauma injury to his cervical spine and lungs. The original award found 35% permanent disability, apportioning 50% of the cervical spine disability to non-industrial factors based on a Qualified Medical Evaluator's opinion of degenerative changes. The majority affirmed the WCJ's reliance on this opinion, finding it adequately explained. A dissenting opinion argued the QME's apportionment was speculative and improperly based on age and genetics, recommending an unapportioned award for the cervical spine injury.

Workers' Compensation Appeals Boardcumulative traumacervical spinelungspermanent disabilityapportionmentQualified Medical EvaluatorAgreed Medical Examinerarthritic degenerationnon-industrial factors
References
1
Case No. ADJ7288330
Regular
Oct 03, 2016

GLORIA BENITEZ vs. NEWPORT SUBACUTE HEALTH CARE CENTER, ALASKA NATIONAL INSURANCE COMPANY

The applicant, Gloria Benitez, sought to reopen her workers' compensation claim to include injury to additional body parts beyond her cervical spine and psyche. The original award found injury only to the cervical spine and psyche, with a 19% permanent disability rating for the cervical spine. While the WCJ's initial decision denied injury to additional body parts, the Board granted reconsideration. The Board amended the original findings to defer the issue of injury to the alleged additional body parts, while affirming other aspects of the WCJ's order, including the appointment of a regular physician to evaluate new and further disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderNew and Further DisabilityAgreed Medical ExaminerRegular PhysicianLabor Code Section 5410Petition to ReopenIndustrial InjuryCervical Spine
References
4
Case No. MISSING
Regular Panel Decision

Claim of Hannon v. Ellicott Square Associates

This case concerns an appeal from a Workmen's Compensation Board decision filed November 22, 1974. The board had found that prolonged emotional stress and strain contributed to the death of a 50-year-old building manager, whose existing hypertensive cardiovascular disease was exacerbated by the stress. The stress stemmed from a portion of his building's cornice falling, leading to the manager's collapse and subsequent death from a massive intercerebral hemorrhage. Medical experts provided conflicting testimony regarding the causality between the emotional strain and death. However, the Board, exercising its fact-finding powers, accepted the opinion that the emotional strain was an unusual factor contributing to his fatal attack. The appellate court affirmed the Board's decision, concluding it was supported by substantial medical evidence and should not be disturbed.

emotional stresshypertensive cardiovascular diseaseintercerebral hemorrhageworkplace accidentmedical causalitycompensable deathWorkers' Compensation Lawsubstantial evidenceBoard decision affirmedcoronary heart disease
References
4
Case No. 526688
Regular Panel Decision
Dec 27, 2018

Matter of Bufearon v. City of Rochester Bur. of Empl. Relations

Claimant Kamren Bufearon sustained work-related injuries in a motor vehicle collision on March 4, 2016, for which his workers' compensation claim was established for injuries to his left shoulder, left hip, and lower back. Subsequently, he sought to amend his claim to include a causally-related cervical spine injury, which was initially approved by a Workers' Compensation Law Judge. However, the Workers' Compensation Board reversed this decision, finding that the claimant failed to sufficiently demonstrate a causal relationship between his cervical spine condition and the March 4, 2016 incident. The Appellate Division affirmed the Board's decision, noting that the medical testimony from two physicians contained conflicting findings and equivocal narratives regarding causation. The court concluded that the Board was entitled to reject the physicians' opinions as speculative, particularly since neither physician had reviewed the claimant's prior medical records for a pre-existing cervical spine fusion surgery.

Cervical spine injuryCausal relationshipMedical evidenceSubstantial evidence reviewAppellate DivisionWorkers' Compensation BoardPre-existing conditionCredibility of physiciansBurden of proofMotor vehicle accident
References
13
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